Please enable JavaScript.
Coggle requires JavaScript to display documents.
Easements - Coggle Diagram
Easements
Necessary requirements in enjoyment of land
a right enjoyed by the owner of one piece of land to carry out some limited activity (short taking of possession) on another piece of land
municipal district of concord v coles
Types
Proprietary rights
non possessory rights
Registrable
Runs with land - not personal interest
protected by Caveat
subject of statutory provisions
extensive case law
Examples
right of way
Positive
a right to lay pipes on another persons land
a right to access light and air by means of restricting building on another persons land
Negative
New easements can be made
Phipps v Pears
the law is very chary in relation to the creation of new easements
Commonwealth v registra of titles
there is no authority in common law to reject the creation of new and novel negative easements
essential characteristics
Ellenborough park
the existence of a dominate and servient tenement
Common law does not recognise easement in gross
the dominate tenement may be an incorporeal interest (such as right to fishing)
Hanbury v jenkins
an easement must accommodate the dominate tenement
the easement must be necessary for the enjoyment of the DT not convenience
Ackroyd v Smith
no common ownership of the dominate and servient tenement
the right must be capable of forming the subject matter of a grant
Riley v pentilla
those essential characteristics of an easement where approved in this case